00-2165 Larson v. Seidling, et al.

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Four Star Properties, Bernard and Christine Seidling and Seidling Trust appeal those parts of a judgment requiring them to refund alleged overpayments made on a land contract. The trial court concluded the land contract was ambiguous as to the starting date that the buyers, Lynda M. Boser Larson and Steven G. Larson, would pay the 1998 property taxes and interest on the amount owed. The court reformed the contract to require the Larsons to assume tax responsibility starting Aug. 1, 1998, the date the first monthly payment was due. The court set the starting date for the interest payments to commence July 8, 1998, the date a federal court confirmed a foreclosure sale to Four Star Properties. Because we conclude that the land contract was not ambiguous and required the Larsons to assume the tax responsibility and pay interest from the date the parties signed the land contract, we reverse those parts of the judgment awarding the Larsons a refund of the alleged overpayments. The other aspects of the judgment have not been appealed and are affirmed.

This opinion will not be published.

Dist III, Dunn County, Smeltzer, J., Per Curiam

Attorneys:

For Appellant: Daniel M. Smetana, Altoona

For Respondent: Lynda & Steven Larson, Ridgeland